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(영문) 대전지방법원 2017.07.19 2017구합130
개발행위허가신청불허가처분취소
Text

1. On November 15, 2016, the Defendant’s disposition of denial of permission for development activities against the Plaintiff is revoked.

2...

Reasons

Details of the disposition

On July 23, 2015, the Plaintiff obtained permission for solar power generation projects (hereinafter “instant project”) from the Cheongnam-do Governor with the following contents, and obtained permission for modification on September 10, 2015, among the above contents of permission, to change the facility capacity to 900KW.

1) Contents of the project: The content of the solar power generation project: The project site 2) the type of the main power of the project in the upper Myeongrasan 16-7 (hereinafter “instant application site”): The capacity of solar power facilities: 1,200K supply voltage: 22,90 V frequency: the preparatory period for the project: the period from July 23, 2015 to July 22, 2018, the Plaintiff filed an application for permission for development and permission for mountainous district conversion (hereinafter “application of this case”) with the Defendant on November 7, 2016 for installation of solar power facilities.

On November 15, 2016, the Defendant issued a non-permission disposition on the instant application pursuant to Article 71(1)17 (amended by Presidential Decree No. 27832, Feb. 3, 2017) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and the Urban Planning Ordinance of Seosan City (amended by Ordinance No. 987, Sept. 10, 2015; hereinafter “Ordinance after the instant amendment”), on the grounds that the installation of solar power generation facilities in the conservation management area is impossible (hereinafter “instant disposition”).

Article 30 subparag. 17 of the Urban Planning Ordinance of Seosan City is amended to amend Article 30 subparag. 17 of the Ministry of Land, Infrastructure and Transport to exclude the Plaintiff from a building that can be constructed within the conservation and management area of power generation facilities on September 10, 2015, without any transitional provisions that protect the Plaintiff’s trust interest or right to benefit from solar power generation projects, and the Plaintiff has already been enforced from the date of its immediate promulgation.

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